State of Tennessee v. Chris Jones
The Defendant, Chris Jones, was charged with one count of first degree murder with respect to victim Donald Munsey; two counts of attempted first degree murder with respect to victims Justin Smith and David Eagan; one count of use of a firearm during the commission of a dangerous felony; and one count of possession of a firearm where alcoholic beverages are served. Following a jury trial, the Defendant was convicted of one count of second degree murder; one count of attempted second degree murder with respect to Mr. Smith; one count of attempted voluntary manslaughter with respect to Mr. Eagan; one count of use of a firearm during the commission of a dangerous felony; and one count of possession of a firearm where alcoholic beverages are served. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to sustain his convictions on the first three counts; (2) the trial court erred when it excluded testimony of Mr. Munsey’s prior violent acts; (3) that the trial court erred in allowing the State to present evidence regarding the Defendant’s recent divorce; (4) that the trial court erred in allowing the State to rehabilitate a witness with his prior consistent statement; and (5) that the Defendant’s rights to trial by jury and due process were violated by the use of sequential jury instructions. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Frederick Lamont Moore
Following a jury trial, the Defendant, Frederick Lamont Moore, was convicted of first degree premeditated murder; first degree murder committed while in the perpetration of a felony (felony murder); aggravated kidnapping, a Class B felony; and two counts of tampering with evidence, a Class C felony. The trial court merged the first degree premeditated murder conviction with the felony murder conviction and ordered a sentence of life imprisonment for the resulting conviction. As to the remaining counts, the trial court ordered a sentence of 20 years for the aggravated kidnapping conviction and concurrent sentences of 10 years for each of the tampering with evidence convictions. The trial court also ordered the Defendant to serve his 20-year sentence for aggravated kidnapping consecutively to his life imprisonment sentence for the first degree murder conviction. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Dimecos Ichad Jones v. State of Tennessee
The Petitioner, Dimecos Ichad Jones, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, alleging that his trial and appellate counsel were ineffective. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Gerald Deon Jenkins v. State of Tennessee
The Petitioner, Gerald Deon Jenkins, entered a best-interest guilty plea to one count of second degree murder, a Class A felony; one count of theft over $500, a Class E felony; one count of theft over $1,000, a Class D felony, and one count of setting fire to personal property, a Class E felony. See Tenn. Code Ann. §§ 39-13-210(b), -14-103, -14-105(2)-(3), -14-303(b) (2003). The trial court sentenced the Petitioner to twenty-five years for the second degree murder conviction, two years for the theft over $500 conviction, four years for the theft over $1,000 conviction, and two years for the setting fire to personal property conviction. The court ordered that the terms run concurrently for a total effective sentence of twenty-five years. The Petitioner filed a timely petition for post-conviction relief, and, after a hearing, the post-conviction court denied relief. In this appeal, the Petitioner presents the following issues for review: (1) The post-conviction court erred when it found that the Petitioner received the effective assistance of counsel; (2) The post-conviction court |
Blount | Court of Criminal Appeals | |
Charles A. Walker v. State of Tennessee
A Montgomery County jury convicted the Petitioner, Charles A. Walker, of two counts of rape of a child and one count of aggravated sexual battery, and the trial court sentenced him to an effective sentence of twenty-eight years, at 100%, in the Tennessee Department of Correction. The Petitioner appealed his convictions, and this Court affirmed his two rape of a child convictions but reversed and remanded for a new trial the aggravated sexual battery conviction. State v. Charles A. Walker, No. M2005-00165-CCA-R3-CD, 2006 WL 3313651, at *1 (Tenn. Crim. App., at Nashville, Nov. 15, 2006), perm. app. denied (Tenn. Mar. 12, 2007). The Petitioner filed a petition for post-conviction relief, in which he alleged he received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner contends that: (1) his trial counsel was ineffective; (2) the prosecutor committed several acts of prosecutorial misconduct at trial; (3) his convictions should be reversed based upon “cumulative error and bias”; and (4) his sentencing was illegal. After careful review, we affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
Timothy Carl Johnson, Jr. v. State of Tennessee
The Petitioner, Timothy Carl Johnson, Jr., pled guilty to attempted second degree murder, theft of property valued over $1000, attempted escape, burglary, nine counts of burglary of a vehicle, and ten counts of theft of property valued under $500. The trial court sentenced him to eighteen years in prison. The Petitioner filed a petition for post-conviction relief in which he alleged he received the ineffective assistance of counsel. The post-conviction court dismissed this petition after a hearing. On appeal, the Petitioner contends his trial counsel was ineffective because he did not adequately investigate the case. After a thorough review of the record, we affirm the post-conviction court’s judgment. |
Maury | Court of Criminal Appeals | |
Orlando M. Reames v. State of Tennessee
Pursuant to a plea agreement, the Petitioner, Orlando M. Reames, entered an “open” guilty plea to one count of aggravated assault, a Class C felony, and the State dismissed one count of failure to appear, a Class E felony. See Tenn. Code Ann. §§ 39-13-102(e)(1), -16-609(e). The trial court sentenced the Petitioner to twelve years as a Range III, persistent offender. The Petitioner filed a timely petition for post-conviction relief and, after a hearing, the post-conviction court denied relief. In this appeal, the Petitioner argues that Trial Counsel was ineffective because he failed to adequately prepare for the Petitioner’s trial, resulting in the Petitioner feeling coerced to accept the State’s plea offer. After our review, we affirm the post-conviction court’s denial of relief.DAVID H. WELLES, |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Keeton
Following a change of venue, a Giles County jury convicted the Defendant of voluntary manslaughter, and the trial court sentenced him to fifteen years in the Tennessee Department of Correction. The Defendant appeals his conviction and sentence, claiming that the trial court erred when it: (1) denied his request for a continuance to secure a material witness to the case; (2) denied his request for a jury instruction on ignorance and mistake of fact; and (3) sentenced him as a Persistent, Range III offender. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Wayne | Court of Criminal Appeals | |
Marey Atef Abou-Rahma, Jr. v. State of Tennessee
Based upon the facts in three cases, the Davidson County Grand Jury indicted Petitioner, Marey Atef Abou-Rahma, Jr., for five counts of aggravated robbery, two counts of felony murder, two counts of first degree murder, and two counts of attempted first degree murder. On February 8, 2008, Petitioner pled guilty to two counts of aggravated robbery and two counts of felony murder. Petitioner was sentenced to two consecutive life sentences for the felony murder convictions and sentenced to two, eight-year sentences for the aggravated robbery convictions to be served concurrently to each other and the life sentences. On November 24, 2008, Petitioner filed a petition for post-conviction relief arguing among other things that he received ineffective assistance of counsel and that he did not enter his guilty plea voluntarily and knowingly. After an evidentiary hearing, the post-conviction court denied the petition. After a thorough review of the record, we affirm the denial of the postconviction petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randy Lynn Shelby
The Defendant, Randy Lynn Shelby, was convicted by a Montgomery County jury of two counts of aggravated burglary and one count of especially aggravated kidnapping. Following a sentencing hearing, he received an effective sixty-year sentence to be served at 100%. In this direct appeal, the Defendant’s only challenge is to the sufficiency of the evidence supporting his conviction for especially aggravated kidnapping, arguing that the short period of confinement was incidental to the burglary and did not substantially interfere with the victim’s liberty. After a review of the record, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Rickey Clayton Rogers
Defendant, Rickey Clayton Rogers, was charged in a three-count indictment with DUI third offense; driving on a revoked or suspended license, third offense; and violation of the implied consent law. He filed a motion to dismiss all charges in the indictment on the basis that the charges were filed outside the applicable statute of limitations. The trial court denied the motion. Defendant pled guilty as charged in the indictment, and purported to reserve certified questions of law for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). The State argues that the appeal should be dismissed because of Defendant’s failure to comply with all of the requirements to reserve a certified question of law for appeal; in the alternative, the State argues that the judgments should be affirmed. After a review of the record and a review of the applicable case law, we dismiss the appeal. |
Maury | Court of Criminal Appeals | |
Detrick Cole v. State of Tennessee
The Petitioner, Detrick Cole, appeals as of right from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A Shelby County Criminal Court jury found the Petitioner guilty of the premeditated first degree murder of Santiefe Thomas. The jury also sentenced the Petitioner to death after finding that the Petitioner had previously been convicted of one or more felonies for which the statutory elements involved the use of violence to the person, see Tenn. Code Ann. § 39-13-204(i)(2), and that this aggravating circumstance outweighed any mitigating circumstances beyond a reasonable doubt. The Petitioner’s conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. State v. Cole, 155 S.W.3d 885 (Tenn. 2005). Following the filing of a timely petition for post-conviction relief and a full evidentiary hearing, the post-conviction court denied relief. On appeal to this court, the Petitioner presents a number of claims that can be characterized in the following categories: (1) the Petitioner’s trial counsel were ineffective, (2) the Petitioner’s appellate counsel were ineffective, (3) the Petitioner is statutorily ineligible for the death penalty, and (4) Tennessee’s death penalty statutory scheme is unconstitutional. Following our review, we reverse, in part, the judgment of the post-conviction court and remand this case for a new sentencing hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Guy T. Graves
Appellant, Guy T. Graves, was indicted in November of 2009 by the Madison County Grand Jury for three counts of burglary. At trial, the trial court granted Appellant’s motion for acquittal on count three of the indictment. The jury found Appellant guilty of the two remaining charges. The trial court sentenced Appellant as a Range III, persistent offender, to twelve years for each conviction, ordering Appellant to serve the sentences consecutively. After the denial of a motion for new trial, the following issues are presented for this Court on appeal: (1) whether the evidence was sufficient to establish Appellant’s identity as the perpetrator of the crimes; and (2) whether the trial court properly ordered consecutive sentencing. After a review of the record, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jane Doe
The appellant, State of Tennessee, appeals the Davidson County Criminal Court’s order granting the motion of the appellee, Jane Doe, to expunge a criminal indictment that was dismissed pursuant to a plea agreement. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gary Dwayne Johnson
Following a jury trial, the Defendant, Gary Dwayne Johnson, was convicted of one count of reckless endangerment, a Class E felony, one count of robbery, a Class C felony, one count of assault, a Class A misdemeanor, two counts of carjacking, Class B felonies, one count of especially aggravated kidnapping, a Class A felony, and one count of felony escape, a Class E felony. See Tenn. Code Ann. §§ 39-13-101(b)(1), -13-103, -13-305(b)(1), -13-401(b), -13-404(b), -16-605(b)(2). The trial court found that the Defendant was a career offender and sentenced him to the following terms: six years for his reckless endangerment conviction, fifteen years for his robbery conviction, eleven months and twenty-nine days for his assault conviction, thirty years for each carjacking conviction, sixty years as a violent offender for his especially aggravated kidnapping conviction, and six years for his felony escape conviction. The trial court merged the Defendant’s convictions for reckless endangerment and robbery and ordered that all of his convictions, except the misdemeanor, run consecutively for a total effective sentence of 141 years. In this direct appeal, the Defendant raises the following issues for review: (1) The evidence presented at trial was not sufficient to sustain his convictions for reckless endangerment, robbery, assault, and carjacking; (2) The trial court erred when it sentenced him as a career offender and when it ordered that his sentences run consecutively; and (3) The trial court erred when it denied the Defendant’s motion to dismiss his Trial Counsel before the sentencing hearing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
James Taylor v. State of Tennessee
The petitioner, James Taylor, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for first degree felony murder and especially aggravated robbery and resulting sentences of life and forty years, respectively. On appeal, the petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Lovard Deanta Horton v. State of Tennessee
Petitioner, Lovard Deanta Horton, appeals from a Davidson County Court’s dismissal of his petition for post-conviction relief. Petitioner was indicted in a multi-count indictment for three counts of conspiracy to sell cocaine weighing 300 grams or more, one count of conspiracy to possess cocaine weighing 300 grams or more with the intent to sell, one count of possession of marijuana weighing 70 pounds, one gram or more with intent to sell, one count of money laundering, one count of conspiracy to possess 300 pounds or more of marijuana with intent to sell or deliver in a school zone, and one count of possession of 300 pounds or more of marijuana with intent to sell or deliver. Petitioner pled guilty to two counts of conspiracy to sell cocaine weighing 300 grams or more, one count of possession of more than 70 pounds of marijuana with intent to sell, and one count of possession of more than 300 pounds of marijuana with intent to sell. He received an effective sentence of twenty-eight years as a Range I, Standard Offender. Petitioner filed a pro se petition for post-conviction relief alleging that he received ineffective assistance of counsel and that his guilty pleas were not knowingly and voluntarily entered. After a hearing on the petition, the post-conviction court denied relief. Petitioner has appealed. After a review, we determine that Petitioner has failed to present clear and convincing evidence that his guilty plea was involuntarily or unknowingly entered or that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tony Stewart
The Defendant, Tony Stewart, was indicted for attempted first degree murder, aggravated assault, coercion of a witness, and misdemeanor evading arrest. After a jury trial, the Defendant was convicted of attempted second degree murder, aggravated assault, coercion of a witness, and misdemeanor evading arrest. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Fabian Claxton
Following a jury trial, the Defendant, Fabian Claxton, was convicted of four counts of attempted first degree murder, a Class A felony, and unlawful possession of a handgun while at a public place, a Class A misdemeanor. The Defendant was sentenced to consecutive sentences of 22 years for each of the four attempted first degree murder convictions and a concurrent sentence of 11 months and 29 days for the unlawful possession of a handgun while at a public place conviction, for a total effective sentence of 88 years. In this appeal as of right, the Defendant contends that (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in instructing a witness to identify the Defendant; and (3) the trial court improperly imposed consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lawrence David Ralph, Jr.
A Warren County Circuit Court jury convicted the appellant, Lawrence David Ralph, Jr., of violating a habitual traffic offender order; reckless endangerment with a deadly weapon; driving on a revoked license, fifth offense; evading arrest; and reckless driving. After a sentencing hearing, the appellant received an effective eight-year sentence. On appeal, he contends that the evidence is insufficient to support his conviction for reckless endangerment and that his sentence is excessive. We conclude that the appeal must be dismissed because we lack jurisdiction in the case. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Stanley Wade Rowe
The appellant, Stanley Wade Rowe, was found guilty by a Davidson County Criminal Court Jury of burglary and theft of property valued over $500 but less than $1000. Following his convictions, the trial court imposed a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions, the trial court’s denial of the appellant’s request for a jury instruction on the lesser-included offenses of attempted burglary and attempted theft, and the length of the sentence imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry Dwight Mooningham, Jr.
The Defendant, Terry Dwight Mooningham, Jr., was found guilty by a Bedford County Circuit Court jury of driving under the influence (DUI), fourth offense, a Class E felony; evading arrest, a Class D felony; driving with a revoked license, a Class A misdemeanor; and violation of the implied consent law, a Class A misdemeanor. See T.C.A. §§ 55-10-401 (2006) (amended 2011), 39-16-603 (2010), 55-50-504 (2006), 55-10-406 (2006). He was sentenced as a Range II, multiple offender to four years’ confinement for the DUI conviction, eight years’ confinement for evading arrest, eleven months and twenty-nine days’ confinement for driving with a revoked license, and six months’ confinement for violation of the implied consent law. The DUI and evading arrest convictions were ordered to be served consecutively for an effective twelve-year sentence. On appeal, the Defendant contends that the evidence was insufficient to support his DUI conviction and that his sentences are excessive. We affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. James Ray Bullard
The Defendant, James Ray Bullard, pled guilty to evading arrest, a Class E felony, and four counts of theft of $500 or less, a Class A misdemeanor. See T.C.A. §§ 39-16-603, 39-14- 103, 39-14-105(1) (2010). He was sentenced as a Range II, multiple offender to three years, six months’ incarceration for the evading arrest conviction and to eleven months, twenty-nine days’ incarceration for each of the theft convictions, with all sentences to be served consecutively. On appeal, the Defendant contends that the trial court erred by imposing a sentence of confinement. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Robert T. Henry v. State of Tennessee
The Petitioner, Robert T. Henry, appeals the Hamilton County Criminal Court’s dismissal of his petition for habeas corpus relief from his 1978 conviction for robbery. He claims his conviction is void because the law applicable at the time of his conviction has since been repealed and current law renders his indeterminate sentence illegal. The State has moved the court to affirm the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The State’s motion is granted, and the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Dennis Neil Bizzoco
The appellant, Dennis Neil Bizzoco, pled guilty to vehicular homicide by intoxication, reckless homicide, vehicular assault, and driving under the influence (DUI). He received a total effective sentence of eight years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of his request for alternative sentencing and the denial of his Tennessee Rule of Criminal Procedure 35 motion. Additionally, the appellant argues that his convictions for DUI, vehicular homicide by intoxication, and vehicular assault violate double jeopardy. We conclude that the appellant’s double jeopardy claim has merit; therefore, we vacate his conviction for DUI. However, we affirm the appellant’s remaining convictions and sentences. |
Hamilton | Court of Criminal Appeals |
